MOSTT. SIMRIKHIA vs SMT. DOLLEY MUKHERJEE @ SMT. CHHABIMUKHERJEE & ANR.

The Supreme Court held that the inherent power under Section 482 of the Code of Criminal Procedure, 1973, is to prevent abuse of process and secure justice, but cannot be used to override express provisions barring review, specifically Section 362. The Court found that the High Court erred in entertaining a second application under Section 482, which amounted to a review of its earlier order. The appeal was allowed, affirming that the earlier finding of cognizance taken by the Magistrate was conclusive and could not be re-agitated.